How have the courts interpreted comments in a defendant's opening brief regarding the prosecution's motion in limine?

California, United States of America


The following excerpt is from People v. Carrillo, B255298 (Cal. App. 2016):

12. In defendant's opening brief, under the heading, "Factual and procedural background," defendant refers to the prosecution's pretrial motion in limine and the hearing on the motion, including defense counsel's indication to the court that there had been several days of gang evidence presented at the preliminary hearing, followed by the statement: "I assume they are going to have a similar amount, but there does come a point in time when I may object and say, 'Your Honor, it's become cumulative." We reject any implication that such comments amounted to an objection or otherwise preserved the issue for appeal. To preserve the issue for appeal, an objection must be made at the time the evidence is actually offered. (People v. Jennings (1988) 46 Cal.3d 963, 975-976, fn. 3.)

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